Bill C-358
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1st Session, 36th Parliament, 46-47 Elizabeth II, 1997-98
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The House of Commons of Canada
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BILL C-358 |
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An Act to amend the Copyright Act
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R.S., c. C-42;
R.S., c. 10 (1st
Supp.); cc. 1,
41 (3rd
Supp.); c. 10,
(4th Supp.);
1988, c. 65;
1990, c. 37;
1992, c. 1;
1993, cc. 15,
23, 44; 1994,
ch. 47; 1995,
c. 1; 1997, c.
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1. The definition ``commercially
available'' in section 2 of the Copyright Act
is replaced by the following:
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``commerci- ally available'' « accessible sur le marché »
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``commercially available'' means, in
relation to a work or other subject-matter,
available on the Canadian market within a
reasonable time and for a reasonable price and
may be located with reasonable effort;
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2. Subsections 29.4(2) and (3) of the Act
are replaced by the following:
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Reproduction
for
examinations,
etc.
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(2) It is not an infringement of copyright for
an educational institution or a person acting
under its authority to reproduce, perform in
public or communicate to the public by
telecommunication a work or other
subject-matter for any purpose related to the
giving of an assignment, test or examination
on the premises of an educational institution,
including, but not limited to, setting the
questions and commmunicating the questions
and answers to the persons completing the
assignment or taking the test or examination
and answering the questions by those persons.
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Where work
commercially
available
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(3) Except in the case of manual
reproduction, the exemption from copyright
infringement provided by paragraph (1)(b)
and subsection (2) does not apply if the work
or other subject-matter is commercially
available in a medium and of a quality that is
appropriate for the purpose referred to in that
paragraph or subsection, as the case may be.
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3. Subsections 30.2(2) to (6) of the Act are
replaced by the following:
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Copies of
articles for
research, etc.
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(2) It is not an infringement of copyright for
a library, archive or museum or a person acting
under the authority of a library, archive or
museum to make, by reprographic
reproduction, for any person requesting to use
the copy for research or private study, a copy
of a work that is, or that is contained in, an
article published in a newspaper, review,
magazine or other periodical.
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Restriction
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(3) Subsection (2) does not apply in respect
of
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Conditions
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(4) A library, archive or museum may make
copies under subsection (2) only on condition
that
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Patrons of
other libraries,
etc.
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(5) A library, archive or museum or a person
acting under the authority of a library, archive
or museum may do, on behalf of a person who
is a patron of another library, archive or
museum, anything under subsection (1) or (2)
in relation to printed matter that it is
authorized by this section to do on behalf of a
person who is one of its patrons.
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Regulations
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(6) The Governor in Council may, for the
purposes of this section, make regulations
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4. Section 30.3 of the Act is replaced by
the following:
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No
infringement
by
educational
institution,
etc.
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30.3 (1) An educational institution or a
library, archive or museum does not infringe
copyright where
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Regulations
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(2) The Governor in Council may, for the
purposes of paragraph 1(c), prescribe by
regulation the manner of affixing and location
of notices and the dimensions, form and
contents of notices.
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